The Board of Appeal of the EUIPO has upheld Mercedes-Benz’s appeal in case R 2316/2024-1, reversing the initial decision that rejected the registration of a figurative mark based on the front design of one of its car grilles, particularly of the following sign:
Although the design was initially deemed to lack distinctiveness, the Board concluded that its specific visual layout departs from the common configurations found in the automotive market.
The resolution serves as reminder that a sign can enjoy trademark protection, even in the case of functional components of a vehicle, if it is ultimately perceived as an indicator of the commercial origin by a relevant consumer. This circumstance was analyzed in the specific case, taking into account the range of designs in the relevant sector.
This ruling reinforces the possibility of protecting, via trademark law, the visual identity of the parts of industrial products when the appearance also has a distinctive function.
Link to the decision: click here
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